Kelway v Guardian Insurance Ltd [2001] EWCA Civ 1265 (25 July 2001)

Kelway v Guardian Insurance Ltd [2001] EWCA Civ 1265 (25 July 2001)

Given the applicant's limited means, a substantial security for costs would stifle the appeal, but a modest sum is appropriate to demonstrate intention and provide minimal security to the respondent.

Citation
[2001] EWCA Civ 1265
Parties
Claimant/applicant: Jonathan Kelway; Defendant/respondent: Guardian Insurance Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Security for Costs
Outcome
Application for permission to appeal and extension of time allowed. Security for costs ordered in the sum of £500 to be paid within 14 days or the appeal will be stayed. Costs of both applications to be costs in the application and the appeal.
Legal Topics
Security for Costs, Permission to Appeal, Costs Orders
Civil Procedure Security for Costs Permission to Appeal Costs Orders

Case Brief

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Parties

Jonathan Kelway

Claimant/applicant

Guardian Insurance Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered as a condition for proceeding with appeal
  2. 2 Whether the amount ordered would stifle the appeal given the applicant's means

Ratio Decidendi

Given the applicant's limited means, a substantial security for costs would stifle the appeal, but a modest sum is appropriate to demonstrate intention and provide minimal security to the respondent.

Court Disposition

Application for permission to appeal and extension of time allowed. Security for costs ordered in the sum of £500 to be paid within 14 days or the appeal will be stayed. Costs of both applications to be costs in the application and the appeal.

Orders

  • Permission to appeal and extension of time granted
  • Applicant to pay £500 security for costs within 14 days or appeal stayed